Excerpt: ...on acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP §§ 2030.290(c) and 2031.300(c) (emphasis added).) The burden is on the losing party to prove justification or circumstances that establish sanctions would be unjust. (Mattco Forge, Inc. v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1441.) Plaintiff has failed to meet his burden. Plaintiff argues monetary sanctions are unju...

Excerpt: ...on acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP §§ 2030.290(c) and 2031.300(c) (emphasis added).) The burden is on the losing party to prove justification or circumstances that establish sanctions would be unjust. (Mattco Forge, Inc. v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1441.) Plaintiff has failed to meet his burden. Plaintiff argues monetary sanctions are unju...

Excerpt: ... identification of witnesses to “the incident.” But that term here is quite broad, as MP stayed at Hospital for 10 days. Hospital responded under C.C.P. § 2030.230, which allows records to be produced where a compilation would otherwise be required. Hospital has also shown that it produced roughly 1300 pages reflecting the entire record, offered to assist in identifying any personnel identified therein, and agreed to provide addresses and ph...

Excerpt: ... must weigh two interrelated factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction. “The trial court's determination must be guided by a mix of the potential-merit and interim-harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. Of course, the scope o...

Excerpt: ...o. (2012) 207 Cal.App.4th 124, 130–132.) There must also be a causal relationship to the third party conduct that injured the plaintiff, and a feature of the public property that “increased or intensified” the danger from that third party conduct. (Id.) Liability may not be based on the mere failure to provide a warning sign or traffic signal. (Gov. Code §§ 830.4, 830.8; Mixon, supra, 207 Cal.App.4th at 136; Cerna v. City of Oakland (2008...

Excerpt: ...e Court in the Minute Order of 12/10/2018, granting leave to amend (see id., pp. 1 and 4-5). The current pleading will be deemed stricken, once a corrected pleading is on file. (CCP § 436.) The Court finds that the current pleading is not in conformity with the Court's previous order. Plaintiff was directed to attach all exhibits to the new pleading which has not happened. Also, pursuant to CRC 3.1110(f), electronic exhibits should include elect...

Excerpt: ...e Court in the Minute Order of 12/10/2018, granting leave to amend (see id., pp. 1 and 4-5). The current pleading will be deemed stricken, once a corrected pleading is on file. (CCP § 436.) The Court finds that the current pleading is not in conformity with the Court's previous order. Plaintiff was directed to attach all exhibits to the new pleading which has not happened. Also, pursuant to CRC 3.1110(f), electronic exhibits should include elect...

Excerpt: ...lation are generally disregarded. (See WA Southwest 2, LLC v. First American Title Insurance Company (2015) 240 Cal.App.4th 148, 151; Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 410.) In the next round of pleading, Plaintiff should give attention to setting forth a set of concrete facts to support each of the causes of action. Demurrers are sustained to the 1 st cause of action for quiet title. This is a statutory a...

Excerpt: ...cause of action and have submitted no argument on the issue in their briefs on appeal. Accordingly, we deem plaintiffs to have abandoned the issue.”].) And the Demurrer has merit. COAs 2-4 assert essentially identical claims for fraud, intentional misrepresentation, and negligent misrepresentation. But every element of a fraud claim must be alleged in full, factually and specifically. General and conclusory allegations do not suffice. (Lazar v....

Excerpt: ... Cal.3d 780, 795; Piccinini v. California Emergency Management Agency (2014) 226 Cal.App.4th 685, 688.) Plaintiff has failed to do so here. To state a disparate treatment claim, Plaintiff must allege facts to show that he was subjected to an adverse employment action and that his protected status “was a substantial motivating reason” for same. (See CACI 2500, and Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 232.) The complaint must p...

Excerpt: ...large the issues in the case; and (3) the reasons for intervention outweigh any opposition by the existing parties. Whether the interest is sufficiently “direct” and “substantial” must be decided on the facts of each case, with a liberal construction in favor of intervention. CCP § 387(a); Gray v. Begley (2010) 182 Cal.App.4 th 1509, 1521; City & County of San Francisco v. State of Calif. (2005) 128 Cal.App.4 th1030, 1037. Permissive int...

Excerpt: ... justifying the exercise of jurisdiction by a preponderance of evidence. (Strasner v. Touchstone Wireless Repair & Logistics, LP (2016) 5 Cal.App.5th 215, 221–222.) The plaintiff must provide specific evidentiary facts, through affidavits and other authenticated documents, sufficient to allow the court to independently conclude whether jurisdiction is appropriate. (Id.) Parsons argues that jurisdiction cannot be found here, as his role was mere...

Excerpt: ...Superior Court (1988) 67 CalApp4th 1253, 1255 ("In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing entitlement to such relief must be pled by a plaintiff."). Malice in particular can be inferred by a trier of fact from the surrounding circumstances. Ajaxo Inc. v. E*Trade Group Inc. (2005) 135 Cal.App.4th 21, 67; The Nippon Credit Bank v. 1333 North Cal. Boulevard (2001) 86 Cal.App.4th 486, 502-3; ...

Excerpt: ...equested a stay on the execution of said judgment. The motion was granted upon counsel's admission of fault under the mandatory mea culpa provision. Defendant did thereafter answer, but has yet to participate in the discovery process. This Court has not heard from defense counsel since the new year. On 03/11/19, this Court granted plaintiff's three motions seeking initial responses to written discovery (FRogs, SRogs, RPD), and one motion seeking ...

Excerpt: ...��); Clausen v. Superior Court (1988) 67 CalApp4th 1253, 1255 ("In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing entitlement to such relief must be pled by a plaintiff."). In his complaint, Plaintiff alleged he was subjected to profanities and racial slurs as he was beaten in the head with closed fists, kicked, put in a choke hold, and had a ring forcibly pulled from his finger. It is difficult ...

Excerpt: ...resented here as to that defect is improper. And no such procedural defect was at issue for the subpoenas addressed on 3/4/19. The dispute as to the 6 th subpoena was deemed moot, and no argument for reconsideration as to that portion of the ruling is presented here. For the last subpoena at issue in the 2/27/19 ruling (No. 7), the Motion was granted because the subpoena was overbroad, sought private records, and Plaintiff had not shown that ther...

Excerpt: ...onfidant Marinescu, and Vincent's personal attorney attorney Skaist/SYCR (hereinafter “defendants”). Plaintiffs allege that defendants embezzled substantial monies from the company, and are attempting to lock then out of management control. Defendants lob similar allegations back at plaintiffs. On 04/15/19, this Court ordered the entire action to arbitration. At the hearing, a request was made to keep on-calendar the motion for preliminary in...

Excerpt: ...en defendant and the forum state to justify personal jurisdiction, but the plaintiff has the right to conduct jurisdictional discovery to develop the facts necessary to sustain this burden. (Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710.) A court may nonetheless deny a requested continuance for this purpose if there is no showing that such discovery would likely produce evidence to demonstrate jurisdiction. (Beckman v. Thompson (1992) 4...

Excerpt: ... and include such things as the 10-day notice and 75/150 mile requirements. See CCP §§ 2025.210 - 2025.280. Unavailability for a date unilaterally selected is not one of the enumerated grounds for objecting to a deposition notice, but more importantly service of an objection does not stay the deposition. Article 2 (§ 2025.210 - 2025.280) does not contain any requirement that a deposition be scheduled after agreement is reached on the date. Eve...

Excerpt: ...es Amendment”). The Defendant argues that it is entitled to summary judgment because it, as a vehicle rental and leasing company, owned and rented the vehicle that defendant was driving when the accident that is the subject of this case occurred. 49 USC § 30106(a). Pleadings: The Plaintiffs allege General Negligence, Motor Vehicle and Loss of Consortium causes of action against all defendants including the moving defendant Enterprise Fleet Man...

Excerpt: ...l.App.3d 1231, 1235- 1236; Bowden v. Green (1982) 128 Cal.App.3d 65, 73-74; Bice v. Stevens (1958) 160 Cal.App.2d 222, 233.) Here, evidence has been presented by PAR and its former counsel that the dismissal at issue, with prejudice, was unauthorized and the result of an attorney error, and that this motion for relief was brought within a reasonable time after learning of the mistake. (Cabrera Decl. ¶¶ 2-5; Oberbeck Decl. ¶¶ 2-3; Ribiero Decl...

Excerpt: ... lien. (Id.) Under Civil Code §8488(a), “[t]he claimant has the burden of proof as to the validity of the lien.” Here, Ms. Dalessandro has presented evidence to demonstrate that she had procured financing for some if not all of the construction, through a “HERO” financing program, with the knowledge and assistance of Plaintiff YYB Construction, Inc. (Motion, Ex. 2; Dalessandro Decl. ¶¶ 2-5.) Under Civil Code §8200(a), before recording...

Excerpt: ... B. As such, the defendants' motion to compel arbitration as to the plaintiff's claims against Defendants is granted. The arbitration clause may be enforced by non-signatory party defendant Tanya Eisenman because the facts alleged against her are intertwined with the allegations made by and against signatory parties Plaintiff and Defendant Brighton Management LLC and the obligations imposed and contemplated by the Employee Handbook. General Autho...

Excerpt: ...ting injury; and (3) actual loss or damage resulting from the negligence. [Citation omitted.]. . . Unless a party suffers damage, i.e., appreciable and actual harm, as a consequence of his attorney's negligence, he cannot establish a cause of action for malpractice. Breach of duty causing only speculative harm is insufficient to create such a cause of action. [Citation omitted.] “‘[D]amages may not be based upon sheer speculation or surmi...

Excerpt: ...nduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct. C.C.P. § 2023.030. The court may also impose this sanction on one unsuccessfully asserting that another has engaged in the misuse of the discovery process, or on any attorney who advised that assertion, or on both. If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unles...